New South Wales Consolidated Acts

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TERRORISM (HIGH RISK OFFENDERS) ACT 2017 - SECT 10

Convicted NSW terrorism activity offender

10 Convicted NSW terrorism activity offender

(1) In this Act, an eligible offender is a
"convicted NSW terrorism activity offender" if the offender is serving (or is continuing to be supervised or detained under this Act after serving) a sentence of imprisonment for a NSW indictable offence (the
"offender's offence" ) and any of the following apply in respect of the offender:
(a) the offender has at any time been subject to a control order,
(b) the offender has at any time been a member of a terrorist organisation,
(c) the offender:
(i) is making or has previously made any statement (or is carrying out or has previously carried out any activity) advocating support for any terrorist act or violent extremism, or
(ii) has or previously had any personal or business association or other affiliation with any person, group of persons or organisation that is or was advocating support for any terrorist act or violent extremism.
(1A) Without limiting subsection (1) (c):
(a) advocating support for a terrorist act or violent extremism includes (but is not limited to) any of the following:
(i) making a pledge of loyalty to a person, group of persons or organisation, or an ideology, that supports terrorist acts or violent extremism,
(ii) using or displaying images or symbols associated with a person, group of persons or organisation, or an ideology, that supports terrorist acts or violent extremism,
(iii) making a threat of violence of a kind that is promoted by a person, group of persons or organisation, or an ideology, that supports terrorist acts or violent extremism, and
(b) an association or other affiliation with a person, group of persons or organisation includes (but is not limited to) any of the following:
(i) networking or communicating with the person, group of persons or organisation,
(ii) using social media sites or any other websites to communicate with the person, group of persons or organisation.
(2) Subsection (1) (b) and (c) apply regardless of whether or not the eligible offender has been convicted of an offence for the conduct concerned (whether in Australia or elsewhere).
(3) In this section:

"terrorist organisation" has the same meaning as it has in Division 102 of Part 5.3 of the Commonwealth Criminal Code.



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